People v. Woods

Defendant Nathaniel Woods was charged with second-degree burglary pursuant to 1967 Perm. Supp., C.R.S. 1963, 40-3-5(2)(a). A trial to jury was commenced on September 28, 1971. At the close of the People’s case, the defendant moved for a judgment of acquittal. The trial court, citing People v. Carstensen, 161 Colo. 249, 420 P.2d 820, ruled that defendant could not be found guilty of burglary since he had the authority to enter the office in question; and also, since defendant had not been charged with theft, the motion for judgment of acquittal must be sustained. On appeal, the People ask this…